SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 15th, 2023 • Netlist Inc • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 14, 2023, between Netlist, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT netlist, inc.Common Stock Purchase Warrant • August 15th, 2023 • Netlist Inc • Semiconductors & related devices
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after August __, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on August __, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Netlist, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
PLACEMENT AGENCY AGREEMENT August 14, 2023Placement Agency Agreement • August 15th, 2023 • Netlist Inc • Semiconductors & related devices • New York
LOCK-UP AGREEMENTLock-Up Agreement • August 15th, 2023 • Netlist Inc • Semiconductors & related devices
Re: Securities Purchase Agreement, dated as of August 14, 2023 (the “Purchase Agreement”), between Netlist, Inc. (the “Company”) and the purchasers signatory thereto (each, a “Purchaser” and, collectively, the “Purchasers”)
